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ACCOUNT HOLDER CONSENT TO GUIDELINES
1.1 Lawful Use. Internet access and all other services provided to Subscribers may be used for lawful purposes only. Subscribers shall not post, transmit, re-transmit or store material on or through any of Fidelity Communications (FC) system services or products that: (i) is in violation of any local, state, federal or non-United law or regulation; (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons"); or (iii) violates the rights of any person including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Subscriber.
1.2 Other AUPs. When accessing other networks connected to FC's systems or networks, Subscriber must comply with those networks AUPs.
1.3 Resale. Resale of FC's networks and/or services is strictly forbidden under all circumstances.
2.1 Resource Restrictions. In order to provide fair service to all Subscribers, FC has implemented certain resource limitations. FC reserves the right to disconnect dial-up Subscribers if the account remains idle for more than 20 minutes or if your total connection time exceeds 300 minutes, as detected by electronic means. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Dial-up accounts are designed to provide on-demand access for Subscribers, not dedicated connections. If a dedicated connection is desired, the Subscriber should contact FC.
2.2 Copyright Policy. Subscribers are prohibited from using the Internet access or other services offered by or through FC to engage in any activity that infringes the copyrighted works of others. It is the policy of FC to terminate in appropriate circumstances the accounts of Subscribers who are repeat copyright infringers.
E-MAIL, WEB SITE AND USENET NEWSGROUP POSTINGS
3.1 Email Accounts. All dial-up Subscribers shall receive one primary e-mail address, and may, upon approval by FC, receive up to 5 additional e-mail addresses. All e-mail addresses shall be subject to availability and to such restrictions as FC may adopt from time to time. Without limiting the foregoing, Fidelity may, with or without advance notice to the Subscriber, disable access to and delete any stored e-mails associated with any e-mail addresses (other than the primary e-mail address) for which there has been no activity for 160 days.
3.2 E-Mail. Bulk mailings to more than 100 users from FC are prohibited. Subscribers sending letters with more than 20 recipients must run consecutive mail delivery programs. Concurrent mailings to more than five recipients and unsolicited commercial mail to multiple recipients are not allowed.
3.3 Commercial Postings. Commercial postings to noncommercial newsgroups or postings which are directed to either inappropriate, unrelated, or more than 20 groups is prohibited. Groups in the fidnet.com groups are not meant for postings of other service providers.
3.4 FC is Not Responsible for Content. FC is not responsible for the content of any USENET posting, whether or not the posting was made by a Subscriber of FC.
3.5 Removal of Material. FC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, is unacceptable, undesirable, or in violation of this AUP.
3.6 Reporting Copyright Infringement. Copyright holders and/or their authorized agents who believe that material residing on a FC system or network at the direction of a user of FC's online services infringes the exclusive rights of the copyright holder may notify FC's appointed Copyright Agent for claims of copyright infringement at:Copyright Agent
Any such notification must be in writing and include:
SYSTEM AND NETWORK SECURITY
4.1 Unauthorized Uses. FC personal dial-up account entitles only the named Subscriber to log in, and only on one dial-up modem or TCP/IP connection at a time. Multiple individuals accessing a single account is not permitted unless by special arrangement: FC also offers dedicated connections and dedicated lines. These dedicated service accounts are not governed by the above non-dedicated account usage policies, but ARE governed by ALL other AUP terms and conditions. Other uses are considered fraudulent.
4.2 Passwords. FC shall provide passwords to Subscribers. In the event that the security of a Subscriber is compromised, FC shall provide Subscriber with a new password. FC may monitor the security of Subscribers passwords at any time. A Subscriber with an insecure password may be directed to change the password to one, which complies with the above rules. Subscribers who repeatedly choose insecure passwords may be assigned a password by FC; Continued failure to maintain password security may be grounds for account termination.
4.3 Security. The Subscriber is prohibited from utilizing FC services to compromise the security or tamper with FCs system resources or accounts on any of FCs system resources or accounts on any of FCs computers, routers, terminal servers, modems, or any other equipment at FC or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Any attempt to access any of FCs corporate assets is strictly prohibited.
5.1 Monitoring. FC has no obligation to monitor the service. However, Subscriber agrees that FC has the right to monitor the service electronically from time to time and to disclose any information regarding use of the service for any reason if FC, in its sole discretion, believes that it is reasonable to do so, including to: satisfy any law, regulation or other governmental request, to operate the service properly, or to protect itself or its Subscribers. FC reserves the right to release the names of Subscribers involved in violation of system security to system administrators at the other sites, in order to assist them in resolving security incidents. FC may immediately remove, in whole or in part, any material or information from our servers, which FC, in its sole discretion, determines to infringe another's property rights or to violate this AUP.
USE OF MATERIAL
6.1 Unedited Materials. Subscriber understands that the Internet contains unedited materials, some of which are sexually explicit or may be offensive to some people. Subscriber and Subscriber's authorized users access such materials at Subscriber's own risk. FC and its affiliates, access providers or its contractors or their respective employees have no control over and accept no responsibility whatsoever for such materials.
6.2 No Responsibility for Accuracy. Use of any information obtained via FC is at the Subscriber's own risk. FC specifically denies any responsibility for the accuracy or quality of information obtained through its services. Under no circumstances shall FC, its affiliates, access provider or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from Subscriber's or Subscriber's authorized Subscribers' use of or inability to use the service or to access the Internet or any part thereof, or Subscriber's or Subscriber's authorized Subscribers' reliance on or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
6.3 Limited Liability. Any liability of FC, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or any other cause of action, shall be strictly limited to the amount paid by or on behalf of the Subscriber to FC for the current month.
7.1 Complaints. Complaints regarding abusive conduct may be reported by FAX to 573.468.3583 or mail to:Fidelity Communications
Complaints will also be accepted via e-mail, as long as a valid return address is included. FC must be able to independently verify each instance of abuse, and so each complaint must include the COMPLETE TEXT OF THE OBJECTIONAL MESSAGE, INCLUDING ALL HEADERS. Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged. This information is vital to our investigation.
8.1 Enforcement. FC may deny Subscriber access to all or part of the service without notice if Subscriber engages in any conduct or activities that FC in its sole discretion believes violates any of the terms and conditions in this AUP. If FC denies Subscriber access to the service because of such a violation, neither Subscriber nor Subscriber's authorized users shall have any right (1) to access through FC any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to Subscriber, and such credit(s) will be forfeited, (3) to access third party services, merchandise or information on the Internet through FC, and FC shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
8.2 Remedy. If Subscriber is dissatisfied with the service or with any terms, conditions, rules, policies, guidelines, or practices of FC in operating the service, Subscriber's sole and exclusive remedy is to terminate the service in accordance with Section 10 and discontinue using the service.
8.3 No Waiver. FC's failure to insist upon or enforce strict performance of any provision of this AUP shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this AUP. FC reserves the right to modify, change and reformat this document, as it deems necessary without permission or consent of its network Subscribers.
(The following is stated for customers of Fidelity Communications. Other partners may have different billing policies.)
9.1 Payment. Subscriber will be billed via credit card or invoiced directly. Access to the account may be restricted if credit card processing fails due to insufficient credit, unreported replacement numbers, or unreported expiration extensions. The Subscriber agrees to pay monthly invoices immediately upon receipt and until the account is canceled (see Section 10.1 on termination procedures). Any future months of paid service fees will be refunded to the Subscriber upon receipt of cancellation notification. Any credit balances excluding any referral credits will be refunded if requested by the customer. The Subscriber's account will be closed at the end of the current billing period. These charges will be processed once per month on a regular schedule. Invoices for services are submitted monthly in advance.
9.2 Late Payment. If payment remains unpaid after due date, a late fee of no more than $9.50 can be applied to that bill and must be paid to continue service. Accounts that remain unpaid after delinquent date on invoice may have their service interrupted. Such interruption will not relieve the Subscriber from the obligation to pay monthly charges. Only a written request, e-mail, or disconnect confirmation number relieves you of your obligation to pay the monthly account charge. If Subscriber pays by check and it is returned unpaid, the account will be immediately suspended in default, and the check will be subject to a returned check fee of up to $30.00. If you default on payments due, you agree to pay reasonable collection expenses, including attorney and collection agency fees.
9.3 Dial-up Access Phone Numbers. It is possible the access number you program your dial-up modem to use to connect to FC may be a telephone number that results in additional or long distance charges being billed to you by a third party, even if such number was presented by FC as an appropriate access number for your area. You are solely responsible for determining whether the access numbers you use is subject to any additional charges. It is your responsibility to contact your telephone company to determine whether the access numbers you select is subject to additional charges. You agree to pay any charges you incur by using a long distance telephone number to connect to FC, including those that may be billed to you by a third party.
9.4 Fidelity Communications allows ten free days before billing starts. Any problems with service should be reported during this time. The customer will be responsible for charges after this period.
TERMINATION OF SERVICE
10.1 Disconnect. You may disconnect your service at any time via written request, e-mail, or verbal request. At the time of a verbal request, you should be supplied with a disconnect confirmation number. The request for termination can be e-mailed to email@example.com, faxed to (573) 468-3583, or sent via postal mail to: FC Attention: Customer Service 64 N. Clark Sullivan, MO 63080. Only record of a written request, e-mail, or disconnect confirmation number will relieve you of your obligation to pay the monthly account charge.
10.2 Data Loss Upon Disconnect Fidelity is not responsible for the loss of any information including unread e-mail or web pages that may result from the termination of your account.
11.1 Limitation of Liability. In no event will FC be liable to any subscriber or third party for any direct, indirect, special or other consequential damages for actions taken pursuant to this AUP, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise, even if FC was advised of the possibility of such damages. FC's liability under any circumstances is limited to the current month's service charge.
11.2 Warranties. FC Internet service is provided on an "as is," "as available" basis, no warranties, express or otherwise implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to FC Internet or any information or software therein, under no circumstances, including negligence, shall FC Internet service be liable for any incidental, special, or consequential damages that result from the use of or inability to use FC Internet. Nor shall FC Internet be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond FC Internet's reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to FC Internet records, programs, or services, in no event shall FC Internet's total liability for all damages, losses, and causes of action exceed the aggregate dollar amount paid under the agreement.
11.3 Indemnification. Subscriber agrees to defend, indemnify and hold FC and its access providers and affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to or arising from: (a) any violation of this AUP by Subscriber, or Subscriber's authorized users; (b) the use of the service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by Subscriber or Subscriber's authorized users; and negligent acts or omissions of Subscriber's officers, employees, agents or contractors in connection with the construction, installation, maintenance, presence, use or removal of systems, channels or terminal equipment or software not provided by FC which are connected or are to be connected to the service.
11.4 Removal of Materials. At its sole discretion, FC reserves the right to remove materials from its servers and to terminate Internet access to Subscribers that FC determines have violated this AUP.
11.5 FC is Not Responsible for Content. FC is not responsible for the content of any USENET posting, whether or not the posting was made by a Subscriber of FC.
11.6 Modification of AUP. FC retains the right to modify the AUP at any time and any such modification shall be automatically effective as to all Subscribers when adopted by FC. Notice of modifications to this AUP may be given to Subscribers by posting such changes to FC's homepage, by electronic mail, or by conventional mail. In the event you do not agree to such changes or additions, then you must cancel your subscription, by contacting us at 1-800-392-8070, and stop using FC's service prior to the effective date of such changes or additions. Your continued use of FC after the effective date of such changes or additions constitutes your acceptance of and agreement to such changes or additions.
Thank you for allowing us to serve your internet access needs. We appreciate your business.